Terms & Conditions
Loan Purchase Limited Terms & Conditions
You must read, agree with and accept all of the terms and conditions contained in this user agreement, which include those terms and conditions expressly set out below.
We may amend this user agreement at any time by giving you notice be either email in accordance with your notification preferences or by posting the amended user agreement on the website. Any amended user agreement will govern new user registrations from the date that it is posted on the site. Existing users will be bound by the amended user agreement after the expiry of 30 days following the date of a notice.
1 DEFINITION
In this list the following definitions apply:
“COMPANY”
Loan Purchase Limited and any of its successors and assigns.
"BUYER"
Loan Purchase Limited and any of its successors and assigns.
"SELLER”
The person, firm or company to whom a quotation is given.
“CONTRACT”:
The contract for the sale and purchase of the Goods and/or the supply and receipt of the services made between the Seller and the Buyer, consisting of the order and these conditions.
"GOODS":
The articles described overleaf and any supplied as substitutes or replacements of these. This includes work undertaken in connection with these articles.
2- GENERAL
Unless stated otherwise in writing by a director of the Buyer, these conditions (which replace any earlier sets of conditions, appearing on quotations or elsewhere) will override any terms or conditions of the Seller. This applies both to the order and to any negotiations. No verbal interchange - including those where quotations are given - is binding to the Buyer.
No part or detail of these Terms and Conditions may be assigned or otherwise disposed of by the Seller without the written consent of the Company. Any such consent shall not relieve the Seller of any other of its obligations under the Contract.
No waiver by the Company for any breach of the Terms and Condition by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of the Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these and the remainder of the provision in question shall not be affected thereby.
Any notice given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been stated pursuant to this provision to the party giving notice.
No service of any notice(s) by e-mail will be accepted by the Company.
The construction, validity and performance of the Contract shall be governed by the Laws of England.
These present Conditions will take precedence over any other conditions or terms appearing on any letter or other document issued by the Seller, unless otherwise expressly agreed by the Company.
3 - ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the Seller and the Company/Buyer, and it supersedes any previous agreements, whether oral or in writing, between the Seller and the buyer/company.
4- WARRANTIES AND LIABILITY
Nothing in this User Agreement shall limit or exclude our liability for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any direct, indirect, special or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement; the site/service or the Company. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
The user agrees not to hold the company, its affiliates, officers, directors, employees, legal advisors or agents liable for any loss or damage of any sort incurred as the result of a users dealings with any other user(s); inability to use or use of this site/service; unauthorised access to or alternation of your transmissions, information and/or data; and/or the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the site/service.
We, the Company (including our parent, subsidiaries, affiliates, offices, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you and any third party, and the liability of our parent, subsidiaries, affiliates, offices, directors, agents and employees, in any circumstances is limited to the total fees you have paid to us in relation to the listing or other service offered giving rise to liability.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release the company (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
4a - NO WARRANTY
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided “as is” and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
5 – Selling to Loan Purchase Limited
We have an obligation to avoid inadvertently buying stolen or defrauded goods from our customers.
We employ a strict ID Policy, which will be adhered to on every transaction. It consists of but not of its entirety, the following:
- All transactions taking place at Loan Purchase business premises are ( or maybe) covered by in-store CCTV.
- Customers must be a minimum of 18 yrs of age.
- Identification will always be required, and will be entered into and stored onto our company database.
- ID will be required for every transaction, no matter how many times a customer has used our services.
- Photographic Identification will be required in the form of Passport and/or Driving License.
- Proof of ownership will be required for each item Loan Purchased.
- Proof of purchase will be required for each item Loan Purchased.
- Proof of insurance valuation, along with proof of insurance (i.e. Specified item list).
- Where it is applicable goods will be checked for serial numbers, and if found recorded in our company database, with a brief description of goods.
- All goods where applicable will be electrically tested.
- All goods where applicable will be mechanically tested.
- Customer will always be required to sign a receipt, a copy will be provided.
- On purchase of the goods Loans Purchase Limited has the right to advertise goods but not to sell goods until expiration of buy back period.
6 – Fees & Other Charges
Loan Purchase Limited offers a buy back option on your goods for which fees and charged will be incurred.
i – Set up Fee.
This fee is made up of 10% of the final offer up to a maximum of £50.
EXAMPLE
| Item Price: | Administration Fee: |
| £100 | £10 |
| £300 | £30 |
| £500 | £50 |
| £1000 | £50 |
| £50,000 | £50 |
Payment of this fee will be deducted from the final offer amount.
ii- Option Fees
Option Fees are placed on each item that is purchase by Loan Purchase Limited.
The option fee amount is depicted by the buy back period that is chosen on your final agreement.
EXAMPLE
Item Bought: £1000
Option Fee Price:
| One Month | Two Months | Three Months |
| £120 | £200 | £240 |
(Plus the initial item price.)
iii- Independent Valuation Charges
Should your item require an independent valuation for purposes such as insurance requirements the charge for this valuation will be charged to you, with monies being paid before any completion of agreement with Loan Purchase Limited. Any valuation does not guarantee an offer from Loan Purchase Limited.
iv- Transport Charges
Unless indicated no transport charges are included in any offer made by Loan Purchase Limited.
v – Storage Charges
On buy back of your item, you have seven days to arrange for collection/delivery of your item(s).
If you fail to collect items within this time frame, you will incur a storage charge on a daily basis. Any storage charges due will have to be paid with cleared affects before goods can be released to your full possession.
7 – Buy Back from Loan Purchase Limited
With Loans Purchase Limited you are granted as the customer the option to re-purchase the goods as per your receipt, which you have sold to Loans Purchase Limited unconditionally.
- You may if you wish buy back from Loans Purchase Limited the goods are per your customer receipt for the re-purchase price as agreed, plus any other fees incurred during your buy back option period.
- You may exercise this option by producing your customer receipt for the goods purchased during normal business hours on any business day at the store that issued the receipt and paying to us there the agreed buy back price in cash.
- You must exercise the option before the option period expiry date.
- We shall not be required to sell the goods or hand them over to any person other than the customer whose name and address appears on the receipt.
- If the company is unable to sell any of the goods back to seller on the day when seller exercises buy back option because of circumstances beyond companies reasonable control, for example but not limited to natural disasters, acts of terrorism and any other un-insurable incidences then the option will lapse and seller will be reimbursed all option extension fees paid by seller together with an amount equal to 10% of the amount paid by us for the purchase of the item. If the company’s inability arises because of circumstances within reasonable control, including theft, then the Company will pay seller the agreed insured amount as indicated on agreement in respect of the affected goods, less the purchase price paid by the company for the item.
8 – Buy Back Option
Loan Purchase Limited grant you the customer a buy back option period, this period is stipulated in your final agreement.
This is an agreed amount of time in which Loan Purchase Limited allows you the option to buy back your item, at an agreed figure as per your customer agreement.
You are able to extend your buy back period a maximum of six times, totalling and not exceeding a 12 month period, unless otherwise agreed in writing by the company.
9 - INDEMNITY
The Seller shall indemnify the Company in respect of:
9.1 Any loss, damage or expense suffered by the Company in consequence of negligence or breach of statutory or other duty on the part of the Seller, its sub-contractors and agents or any servant of these, in any way arising out of or connected with any breach of any warranty given by the seller in relation to the Goods or Services notwithstanding the same may have been inspected and/or accepted by the Company; and
9.2 All claims made against the Company by any third party (including any employee - or the personal representatives or dependants of any employee - of the Company) for any such negligence, breach of duty, defect or incorrectness arising out of the Contract; and
9.3 All claims made against the Company by any employee or agent of the Seller (or by any employee or agent of any subcontractor or agent) for, or in respect of, the death of - or any damage, loss or personal injury incurred or suffered by - such employee or agent for any such negligence, breach of duty, defect or incorrectness arising out of the Contract; and
9.4 Any liability under the Consumer Protection Act 1987 in respect of the Goods; and
9.5 Any action, claim, demand, costs, charges and expenses resulting from or incurred by reason of any infringement or alleged infringement of letters, patent, registered design, unregistered design, trade mark or copyright by the use or sale of any article or material supplied by the Seller to the Company and against all costs and damages which the Company may incur in any action for such infringement (including any liability resulting from a breach of Clause 8 by the Seller) or for which the Company may become liable in any such action.
9.6 Any act or omission of the Seller or its employees, agents or sub-contractors in supplying or delivering the Goods;
9.7 Any act or omission of the Seller's personnel in connection with the performance of Services; and
9.8 All legal and other costs incurred by the Company in connection with the aforesaid loss, damage or claim.
Users shall, at their expense, agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any and all damages, liabilities, costs and expenses (including reasonable legal fees) incurred by the Company arising from or in relation to any third party claim, suit, or proceedings associated with the Users use of the Company site and/or services, violation or infringement of the Company's terms and conditions by Users (or others using the site and/or service through a Users computer) or any allegation that the information Users have provided hereunder 1) is factually inaccurate, misleading or deceptive; 2) infringes or misappropriates any copyright, trademark, trade secret or other intellectual property right of any third part; or 3) is libellous, defamatory, obscene or pornographic or violates other civil or personal privacy; provided the Company promptly notifies the User(s) in writing of such claim and promptly tenders full control of the Defence and settlement of any such claim to Users at their expense.
10 REGISTRATION/MEMBERSHIP REQUIREMENTS
In order to use this site and its services you must register and be at least age 18 or over. You have sole responsibility for preserving the confidentiality of your password and/or User ID. All information provided by you must be accurate at the time of registering and updated over time as necessary. The Company may monitor the identity of and information provided but has no liability or responsibility to do so or verify the same. The Company cannot and does not confirm the purported identity of users or validity of information which users post on the site. Members who provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). You are responsible for all activities which occur under your password and/or account. You agree to immediately notify the Company of any unauthorised use of your password or account or any other breach of security. Registration data and other personally identifiable information that the Company may collect is subject to the terms of Privacy Policy.
11 RECORD KEEPING
The Company reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of its site and services, including, but not limited to, content, auction features, news and information, and product categories without notice.
12 RESERVATIONS OF RIGHTS
The Company reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that it may have in the site, its content and the goods and services that may be provided. The User of the Company's rights and property requires the Company's prior written consent. You are not being provided with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of the site and/or services without prior written consent.
13 GOVERNING LAW
This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts
Please note that your country (and or that of any user you deal with may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The Laws of your country may be different from English law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statues, ordinances, and regulations regarding your use of our services and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for the Company to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do or that we are approving or validating any listing, even if you have successfully made a similar listing in the past.
14 ENTIRE AGREEMENT
This User Agreement constitutes the entire agreement between the User and the Company, and it supersedes any previous agreements, whether oral or in writing, between users and the company. The company may, at its sole discretion, remove or change any aspect of this User Agreement. Any change to this Agreement will be communicated to the users before its enforcement.
